(a) There is established an account to be known as the “public, educational and governmental programming and education technology investment account”, which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account and any interest or penalties collected by the Commissioner of Revenue Services pursuant to subdivision (2) of subsection (c) of this section.
(b) The moneys in said account shall be expended by the Public Utilities Regulatory Authority as follows: (1) Fifty per cent of said moneys shall be available to local community antenna television and video advisory councils; the state-wide video advisory council; public, educational and governmental programmers and public, educational and governmental studio operators to subsidize capital and equipment costs related to producing and procuring such programming, and (2) fifty per cent of said moneys shall be available to boards of education and other education entities for education technology initiatives.
(c) (1) The account shall be supported solely through a tax equal to one-half of one per cent of the gross earnings from rendering community antenna television service, video programming service by satellite and certified competitive video service in this state for quarterly periods beginning on or after October 1, 2007, and before October 1, 2009, and a tax equal to one-quarter of one per cent of the gross earnings from rendering community antenna television service, video programming service by satellite and certified competitive video service in this state for quarterly periods beginning on or after October 1, 2009, by each person operating a community antenna television system under this chapter or a certified competitive video service pursuant to sections 16-331e to 16-331p, inclusive, and each person operating a business that provides one-way transmission to subscribers of video programming by satellite. Such tax for a quarterly period shall be remitted to the Department of Revenue Services, on or before the last day of the month next succeeding the quarterly period, on a form prescribed by the Commissioner of Revenue Services, which form shall be signed by the person performing the duties of treasurer or an authorized agent or officer. For the purposes of this section, gross earnings in this state shall be determined in a manner consistent with chapter 211.
(2) The amount of any tax due and unpaid under this section shall be subject to the penalties and interest established in sections 12-268d and 12-268e, and the taxpayer from which such tax is due and unpaid shall be subject to the administrative provisions of sections 12-268f, 12-268g, 12-268i and 12-268l. The amount of any tax, penalty or interest due and unpaid under this section may be collected under the provisions of section 12-35.
(d) On or before October 1, 2007, the Public Utilities Regulatory Authority shall initiate a contested case proceeding to establish eligibility requirements and procedures for applying for allocations from the account. On or before April 1, 2008, the authority shall issue a final decision in the contested case proceeding. Such decision shall include any recommendations to the Governor and the General Assembly that the authority deems necessary with regard to the ongoing operation of the account.
(e) For purposes of this section, a holder of a certificate of cable franchise authority pursuant to section 16-331p shall be treated as a person operating a community antenna television system pursuant to this chapter and community antenna television service shall include service provided by a holder of a certificate of cable franchise authority pursuant to section 16-331p.
(f) The Comptroller shall deposit into the public, educational and governmental programming and education technology investment account, established pursuant to this section, the total of the tax imposed on community antenna television service, video programming service by satellite and certified competitive video service pursuant to this section.
(g) When the balance of said account reaches more than one hundred fifty thousand dollars, the authority shall make a one-time transfer of one hundred fifty thousand dollars to the Office of Legislative Management for expenses related to the allowance of interconnection of the Connecticut Television Network with a certified competitive video service provider, as defined in section 16-1, for the purpose of making the Connecticut Television Network available to such provider's customers.
(P.A. 07-253, S. 33, 43; June Sp. Sess. P.A. 07-5, S. 9; Sept. Sp. Sess. P.A. 09-7, S. 183; P.A. 11-80, S. 1; P.A. 13-299, S. 17; P.A. 17-147, S. 40.)
History: P.A. 07-253, S. 33, codified as Subsecs. (a) to (e), effective July 1, 2007, and S. 43, codified as Subsec. (f), effective October 1, 2007; June Sp. Sess. P.A. 07-5 amended Subsec. (a) to reference any interest or penalties collected pursuant to Subsec. (c)(2), inserted Subdiv. designators in Subsec. (c), amended Subsec. (c)(1) to reference “quarterly periods” and delete references to the fiscal year, require tax to be remitted on or before the last day of month next succeeding the quarterly period, on a form signed by the person performing duties of treasurer or an authorized agent or officer, and substitute “gross earnings” for “gross receipts”, and inserted Subsec. (c)(2) re interest and penalties on tax due and unpaid, effective October 6, 2007; Sept. Sp. Sess. P.A. 09-7 added Subsec. (g) re one-time transfer, effective October 5, 2009; pursuant to P.A. 11-80, “Department of Public Utility Control” and “department” were changed editorially by the Revisors to “Public Utilities Regulatory Authority” and “authority”, respectively, effective July 1, 2011; P.A. 13-299 amended Subsec. (b)(1) to delete reference to state-wide community antenna television advisory council, effective July 1, 2013; P.A. 17-147 amended Subsec. (c)(2) to add reference to Sec. 12-268e and add provision re administrative provisions to which taxpayer from which tax is due and unpaid shall be subject, effective July 7, 2017.
Structure Connecticut General Statutes
Title 16 - Public Service Companies
Section 16-330a. - Definitions.
Section 16-330b. - Broadband Internet access service map.
Section 16-330c. - Broadband Internet access service grant program. Report. Report to Governor.
Section 16-330e. - Access by broadband Internet service providers to occupied buildings.
Section 16-331a. - Community access programming and operations.
Section 16-331aa. - Imposition of civil penalties by authority.
Section 16-331b. - Members of community antenna advisory councils to serve without compensation.
Section 16-331bb. - Municipal video competition trust account.
Section 16-331e. - Certificate of video franchise authority.
Section 16-331ee. - State-wide Community Antenna Television Advisory Council. Membership.
Section 16-331g. - Discrimination based on income prohibited.
Section 16-331h. - Certified competitive video service community access programming.
Section 16-331hh. - Transfer from municipal video competition trust account to General Fund.
Section 16-331i. - State-wide Video Advisory Council. Membership. Duties. Funding.
Section 16-331k. - Video programming and rate changes.
Section 16-331l. - Interrupted video service.
Section 16-331m. - Video service providers' closed captioning and emergency broadcast systems.
Section 16-331n. - Free video service for libraries and schools.
Section 16-331o. - Imposition of civil penalties by authority.
Section 16-331q. - Requirements for holders of certificates of cable franchise authority.
Section 16-331r. - Discrimination based on income prohibited.
Section 16-331t. - Holder of a certificate of cable franchise authority: Advisory council.
Section 16-331v. - Cable franchise authority companies' programming and rate changes.
Section 16-331w. - Interrupted cable franchise authority service.
Section 16-332. - Leases by public service companies of facilities for community antenna purposes.
Section 16-333b. - Service to franchise area. Underground service lines.
Section 16-333c. - Availability of equipment for subscribers who are deaf or hard of hearing.
Section 16-333d. - Discrimination among subscribers prohibited.
Section 16-333e. - Credit or refund for interrupted service.
Section 16-333f. - Programming and rate changes. Regulatory authority. Industry cooperation.
Section 16-333g. - Free basic service for libraries and schools.
Section 16-333h. - Extension of service to schools. Instructional channels.
Section 16-333i. - Procedures for restoring interrupted service and improving substandard service.
Section 16-333k. - Office operating requirements. Office hours. Complaint or dispute procedures.
Section 16-333l. - Company offerings and charges. Billing and billing dispute procedures.
Section 16-333m. - Limitations on charges for disconnection or downgrade of service.
Section 16-333n. - Penalty for reduction of community antenna television service without notice.
Section 16-333o. - Rate regulation of community antenna television systems.